Section 2 Practice Questions
Which of the following is NOT an encumbrance that affects property physically? a) mechanic's liens b) deed restrictions c) encroachments d) both mechanic's liens and deed restrictions
a
a deed must be signed by: a) the grantor b) the grantee c) Both the grantor and the grantee d) neither the grantor nor the grantee
a
The purpose of city planning is to a) establish commerce in a city b) guide the future development of a city c) enact taxation laws d) create employment
b
The system which provides notification of ownership rights and claims by certain creditors against real property is creditors against real property is created by the: a) Federal constitution b) state recording act c) federal legislation d) stat statue of frauds
b
The zoning in a particular area requires minimum lot sizes of at least 7,500 sq ft. Sally owns a vacant lot in the corner of the tract that contains only 7,000 sq. ft. In order to build a home on that lot, Sally would need a) No special approval b) a variance c) A spot zoning change d) a change to the zoning ordinance which governs this entire tract
b
What is the one characteristic shared by both tenancy in common and joint tenancy? a) time b) possession c) title d) interest
b
A city would use its zoning power for all of the following EXCEPT a) land-use controls b) building permit requirements c) restrictions on occupancy to single women only d) fire and safety regulations
c
A condominium advertises a pool and tennis court, but they have not yet been completed. Which is correct? a) This is illegal advertising b) It is allowed so long as the advertising states "not yet completed." c) This is allowed if they are labeled not yet completed and a completion date is specified d) This is allowed since the rule of caveat emptor reigns
c
A cooperative owner has exclusive use of her unit by reason of a a) trust agreement b) cooperative declaration c) proprietary lease d) partnership agreement
c
Condemnation is the exercise of a) eviction b) landlord c) eminent domain d) escheat
c
A lien that is established by the state legislature is a) a statutory lien b) a legislative lien c) an involuntary lien d) both a and c
d
Alienation mean a) foreclosure b) condemnation c) quitclaim d) transfer of porperty
d
Each of the following statements about title is true, EXCEPT a) A seller who has title which is reasonably free from doubt has marketable title b) A seller who has " color of title: has a defect against the title c) The chain of title is the history of conveyanced and encumbrances of the property d) The Torrens System is the most common method of recording title in the US
d
Jones died and left a will in which Titus was named to settle Jones' affairs. Titus would be called the estate's a) administratory b) testator c) accountant d) executor
d
Owner of an undivided interest in land with no right of survivorship owns the land as a a) tenant-in-common b) joint tenant c) tenant in severalty d) eitehr tenancy-in-common or tenancy in severalty
d
A deed is acknowledged by a) the grantor b) a notary public c) the grantee d) the clerk of the court
a
A lawsuit filed to formalize title obtain by adverse possession is called a(n): a) Quiet title action b) Lis pendens c) Suit for specific performance d) Quitclaim action
a
A leasehold estate that has a definite beginning and ending, CANNOT be renewed and requires no notice to terminate a(n): a) tenancy for years b) tenancy at will c) periodic tenancy d) tenancy at sufferance
a
A quitclaim deed conveys only the interest of the a) grantor b) claimant c) quitor d) property
a
A restrictive covenant would most likely be reinforced by a) an injunction b) eminent domain c) a writ of attachment d) a cease and desist order
a
All are involuntary methods of conveying property EXCEPT a) quitclaim deed b) escheat c) condemnation d) adverse possession
a
Davis's son becomes the owner of Davis's land because Davis died without a will. a) The son has received title by descent b) The son has received title by a cloud c) The son has received title by an easement d) The son has received title by a legacy
a
Each of the following entities has the power of eminent domain, EXCEPT: a) religious schools b) railroads c) public utilities d) school districts
a
If a third party is not named, the grantor of a life estate retains a: a) Reversionary interest b) less-than-freehold estate c) Remainder estate d) Fee simple determinable estate
a
Laws that set minimum construction standard are a) building codes b) zoning codes c) environmental laws d) condemnation laws
a
Powers of the federal government include all of the following EXCEPT a) the right to impose a tax lien for unpaid real property taxes b) the right to condemn property for the public good c) the right to take title property that is unclaimed d) the right to impose a tax lien for unpaid estate taxes
a
Sam has a life estate in a five-acre tract of land. When Sam dies, the property will pass to his nephew. Sam wishes to sell his interest in the property. Which of the following is true? a) Sam's buyer will acquire the same interest held by Sam b) Sam cannot sell his intest c)Sam's nephew can sue to prevent the sale d)Sam can only sell his interest with his nephew's permission
a
The creation of an easement by prescription is most similar to a) adverse possession b) unlawful detainer action c) accretion d) police power
a
The owner of an individual unit in a cooperative apartment complex is the: a) cooperative b) hoa c) resident d) lessee
a
What is the name of the court action used to remove a claim against a property? a) quiet title suit b) specific performance suit c) partition action d) interpleader action
a
When a tenant in common dies; what happens to his interest in the property? a) it goes to his heirs b) it goes to the surviving members of the tenancy c) It goes to the state through escheat d) It is sold through a partition action
a
When property is conveyed back to the original grantor of the same property, that person receives a: a) reversionary estate b) remainder estate c) life estate d) severally estate
a
Which best describes marketable title? a) reasonably free from the risk of litigation over possible defects b) The right to obtain ownership to property when title is held in another's name c) proof of ownership d) statement of opinion of the title's status
a
Which is an example of constructive notice? a) recording documents in the land records b) telling a person that you have an easement across his land c) receipt of a building permit d) a neighbor telling you about a mineral right he has to your land
a
A country store located in a residential area burns down. Which of the following is most likely? a) The owner can rebuild the building exactly as it was b) The owner may rebuild a store only if he obtains a variance or spot zoning c) the owner may restore the building to its original condition d) The owner may not rebuild at all
b
A property owner's signing over rights in a claim to the insurance company in return for receiving an insurance is an example of: a) subordination b) subrogation c) defeasance d) alienation
b
All of the following are encumbrances EXCEPT a) easements b) emblements c) mortgages d) restrictions
b
An estate that may be terminated by any party at any time is an estate a) For years b) At will c) In possession d) In termination
b
Carol has a right to use Fred's driveway for her lifetime. Carol has a/an a) life estate b) easement in gross c) license to use d) riparian rights
b
Condominium ownership is regulated by state laws that in some states are called "Condominium Acts" and in other states are called: a) Homestead Act b) Horizontal Property Act c) Parallel Property Act d) Vertical Property Act
b
If a developer donates some land in a new subdivision to the city for use as a school, the developer has: a) Given the city a patent b) Dedicated land to the city c) Devised land to the city d) Demised land to the city
b
ONLY husbands and wives are involved in: a) dower, curtesy and joint tenancy b) dower, curtesy, and community property c) community property, joint tenancy and tenancy in common d) joint tenancy, tenancy in common and severalty
b
Permission granted to hunt on another's land is an example of a) an incorporated easement b) a license c) an easement by prescription d) an easement appurtenant
b
Police power includes all of the following EXCEPT a) zoning and building codes b) the right to take property when its owner dies without a will and without any heirs c) government land-use regulations d) real estate licensing laws
b
The distance required between a building and the street or property line is the a) base line b) setback c) buffer zone d) abatement
b
The government's right to make laws and regulations for the general welfare is known as a) eminent domain b) police power c) escheat d) bundle of rights
b
The land on which a high-rise condominium stands is owned by a) a non-profit corporation b) the individual unit owners as tenants-in common c) a syndicate d) a limited partnership
b
The order of priority of liens would most likely be a) mortgage, tax, mechanic's b) tax, mortgage, mechanic's c) mechanic's tax, mortgage d) mortgage, mechanic's, tax
b
The owner of a unit in a cooperative gains the right to occupy the unit through a: a) Stock certificate b) Proprietary lease c) Rental agreement d) Standard lease agreement
b
The process used to take property by the government when needed for public use is known as a) Eminent domain b) Condemnation c) Escheat d) Allodial system
b
What is the one unity in a tenancy-in-common ownership? a) interest b) possession c) time d) title
b
Which is NOT an inherent title right? a) possession b) right to have a pig farm c) occupancy d) use
b
Which of the following best describes a condominium unit? a) Personal Property b) Air lot c) Stock ownership d) Interval ownership
b
Which of the following is NOT a freehold estate? a) Life estate b) Leasehold Estate c) Fee simple estate d)Fee simple determinable estate
b
Which of the following is NOT a leasehold estate? a) Estate at will b) Life Estate c) Estate at sufferance d) Estate for years
b
Which of the following is NOT an example of a freehold estate? a) fee simple b) estate for years c) Conditional fee d) life estate
b
Which of the following is NOT true about title insurance? a) The policy will include a list of exclusion b) It is the same as homeowner's insurance c) It will insure the owner against losses arising from title defects d) It will generally include exclusions for unrecorded easements
b
Which type of deed contains the least assurances from the grantor to the grantee? a) Bargain and sale deed b) Quitclaim deed c) Special warranty deed d) General warranty deed
b
Who acknowledges a deed so that it can be recorded? a) Notary public b) grantor c) grantee d) clerk
b
Zoning laws are created and enforced by a) city governments only b) city and county governments only c) city, county and state governments only d) city, county, state and federal governments
b
A leasehold estate that has a definite beginning and ending, is automatically renewed without notice and requires notice to terminate is a(n) a) tenancy for years b) tenancy at will c) periodic tenancy d) tenancy at sufferance
c
A lien attached to one parcel of real estate a) is a statutory lien b) arises from a voluntary agreement c) is a specific lien d) is a federal tax lien
c
A lien that applies to all of one's real and personal property is a: a) voluntary property b) mechanic's lien c) general lien d) specific lien
c
A married woman may NOT own property with a man other than her husband as a) tenants-in-common b) joint tenants c) tenants by the entireties d) all of these
c
A special warranty deed would include which of the following covenants? a) A covenant of warranty b) A covenant of quiet enjoyment c) A covenant against grantor's acts d) All of the above
c
A tenancy in severalty exists when a) husband and wife own property together b) any related persons hold real estate together c) one person owns real estate d) the tenant has the right to sublet
c
Bob owns a home. He has a son who is financially irresponsible and Bob is concerned that the son would sell the house and end up leaving nothing to Bob's granddaughter. Bob gives a life estate in the home to his son. Upon the death of the son, the property will go to the granddaughter. The granddaughter holds what type of estate while her father (Bob's son) is still alive? a) Fee simple b) Ester in reversion c) Estate in remainder d) Fee simple defeasible
c
Except for tax liens, and in some states a mechanic's lien, priority of the liens is determined by a) amount of the debt b) date of default c) date of recording d) court at time of foreclosure
c
Fred has built a new house on a lot he has owned for years. He will not be allowed to move into the house until a) The house is completed b) The building inspector gives verbal permission c) a certificate of occupancy is issued d) a professional home inspector has issued a final report
c
In GA, leasehold estates are considered to be a) chattel b) personal property c) real property rights d) emblements
c
In terms of ownership, PUDs most clearly resemble a) leasing b) cooperative ownership c) condominium ownership d) time-share ownership
c
Jim and Sally own adjoining properties. Sally's deed gives her the right to cross Jim's property. Sally's right is known as a) an easement by necessity b) an easement in gross c) a license d) an easement appurtenant
c
The donation of real estate for public use a) reverse condemnation b) eminent domain c) dedication d) escheat
c
When a life tenant is granted a life estate for as long as his mother is alive, what type of life estate has been conveyed a) remainder b) Ordinary c) Pur autre vie d) reversionary
c
When would title be transferred by the laws of intestate succession? a) testator has living heirs b) voluntary alienation c) pursuant to descent and distribution d) there is a will
c
Which is NOT a cloud on title? a) a valid first mortgage b) a recorded contract for deed under which the buyer has defaulted but the contract has not been removed c) lack of a recorded certificate of title insurance d) a recorded mortgage that has been paid in full but not released
c
Which of the following forms of ownership are available only to married couples a) Tenancy by the entireties b) Community property c) Both of the above d) None of the above
c
Which of the following is NOT a private limitation on title? a) liens b) deed restrictions c) eminent domain d) encroachments
c
Which of the following is NOT a specific lien? a) a recorded property tax lien b) a mechanic's lien c) a judgement lien d) a mortgage lien
c
Which of the following is NOT a type of title? a) bare legal title b) naked title c) full title d) equitable title
c
Which of the following is NOT true about a title search? a) It is an examination of public records b) The purpose is to determine defects in the chain of title c) The title searcher goes back at least 100 years d) It is usually performed by a title company or title abstractor
c
Which of the following types of ownership CANNOT be created by operation of law, but must be created by the parties' expressed intent? a) community b) tenancy-in common c) joint tenancy d) tenancy at will
c
Jones buys a lot that has no access by way of a public road. He can gain access to his land by way of his neighbor's land that has public road access a) only if the grantor of the property caused the lot to be landlocked b) only if his neighbor agrees to give him an easement c) Only by establishing an easement by prescription d) either if the grantor of the property caused the lot to be landlocked or if his neighbor agrees to gibe him an easement
d
Private restrictions cannot a) be based on aesthetic considerations b) restrict the owner's lawful use of the land c) take procedures over a zoning ordinance d) restrict the grantee's conveyance of the property
d
Property held in joint tenancy passes the _____ upon the death of one of the owners a) landlords b) state c) heirs of the deceased d) surviving owners
d
Sara builds an addition to her home, part of which turns out to be on land belonging to June. This is an example of a) accretion b) riparian c) easement d) encroachment
d
The primary purpose of recordation is to a) protect the interest of the seller b) provide validity to the deed and finalize the transaction c) give actual notice d) give constructive notice
d
The time-share form of ownership or use can be acquired by a a) lease b) license c) deed d) all of the above
d
The transfer of rights in real estate through a LEASE is a a) devise b) alienation c) chattel d) demise
d
When the last heir of a property owner dies, absent a provision in a will devising the property, title will revert to a) heirs of the deceased b) landlord c) utility company d) the state
d
Which is specifically used to control density and overcrowding by regulating setbacks, building heights and percentage of open areas? a) PUD b) master plan c) spot zoning d) bulk zoning
d
Which of the following doe NOT describe a cooperative form of ownership a) a corporation owns the land and improvements b) Taxes are general liens against a corporation c) Unit owners are stockholders d) Unit owners hold a real property interest in the land and improvements
d
Which of the following is NOT a correct statement about encumbrances? a) They are limitations on the rights of property owners b) They are interests held by any person other than the property owner c) Encumbrances restrict the use of the property d) Encumbrances do not affect the title of the property
d
Which of the following is an enforceable deed restriction? a) exterior design b) building size c) limitations on the height of trees d) all of these choices are enforceable
d
Which of the following statements about liens is ALWAYS true? a) a lien is an encumbrance on title b) a lien arises from a debt c) A lien creates a cloud on title when recorded d) All of the above
d